New video, photos delay dump-truck trial

Fatal-crash trial to resume next month, after new evidence results in five-week delay

New evidence in the case of dump-truck driver Glen Theriault resulted in a five-week delay in the proceedings.

Glen TheriaultTheriault is on trial charged with dangerous driving causing death, in connection with the January 2011 head-on collision on 16 Avenue that killed South Surrey resident Jim Neiss.

In Surrey Provincial Court earlier this month, on what was to be the eighth day of the proceedings, Theriault’s lawyer Rishi Gill instead asked for time to properly review new photographs and video taken of the roadway where Neiss was killed.

“We’re not sure, quite literally, what to make of it,” Gill told Judge Paul Dohm. “(We’re) trying to piece together how we’re going to apply this, if at all.”

Oct. 7 had been set for re-examination of an expert witness to clarify evidence regarding familiarity with the stretch of roadway in question and its possible role in the collision.

Gill told Dohm he realized he could not proceed after the witness, after being asked to return to the stand, had gone back to the scene of the crash and taken more videos and photographs.

“He’s given us some new points on what he experienced and how it might relate to the scene,” Gill said.

Prosecutor Winston Sayson told Dohm the Crown is “not in a position to oppose” the adjournment.

Gill apologized to Neiss’s wife Brenda Michie for the delay.

The trial is now set to continue on Nov. 12.

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